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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
Relative Ineffectiveness of Legal Actions in a Comparative Perspective
 Janoušková, Anežka ; Elischer, David (referee)
1 Relative Ineffectiveness of Legal Actions in a Comparative Perspective Abstract The thesis at hand deals with Sections 589 to 599 of the Civil Code which governs the relative ineffectiveness of legal acts. Thus, it probes provisions designed to legally and economically protect the creditor from a fraudulent conveyance of a debtor. The aim of the thesis is to interpret the afore-said provisions in a way that would comply with the sense and purpose of the explored legal institution. In that respect, an emphasis is laid on a comparative analysis of Austrian and German approach both having tradition lasting more than 130 years. On top of that, the thesis describes the conception adhered to in the Czech territory between 1950 and 1964 and especially before 1950 when the Acts on the right to contest were in effect. The knowledge gained is subsequently confronted with the current Czech legal doctrine and case-law of the highest courts that relates to the interpretation of Sec. 42a of the Civil Code from 1964. The author tries to examine and eventually reassess the existing approach in the light of comparative findings. Especially recent case-law of the Supreme Court of the Czech Republic is being deeply analysed. Those conclusions which mostly comply with the meaning of law and its purpose are being preferred....
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Relative Ineffectiveness of Legal Actions in a Comparative Perspective
 Janoušková, Anežka ; Elischer, David (referee)
1 Relative Ineffectiveness of Legal Actions in a Comparative Perspective Abstract The thesis at hand deals with Sections 589 to 599 of the Civil Code which governs the relative ineffectiveness of legal acts. Thus, it probes provisions designed to legally and economically protect the creditor from a fraudulent conveyance of a debtor. The aim of the thesis is to interpret the afore-said provisions in a way that would comply with the sense and purpose of the explored legal institution. In that respect, an emphasis is laid on a comparative analysis of Austrian and German approach both having tradition lasting more than 130 years. On top of that, the thesis describes the conception adhered to in the Czech territory between 1950 and 1964 and especially before 1950 when the Acts on the right to contest were in effect. The knowledge gained is subsequently confronted with the current Czech legal doctrine and case-law of the highest courts that relates to the interpretation of Sec. 42a of the Civil Code from 1964. The author tries to examine and eventually reassess the existing approach in the light of comparative findings. Especially recent case-law of the Supreme Court of the Czech Republic is being deeply analysed. Those conclusions which mostly comply with the meaning of law and its purpose are being preferred....
Detailed record

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